Our Insights on eDiscovery

Read on to learn more about the latest trends and insights in the world of digital discovery.
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FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends
 FBI May Be Able to Unlock Terrorist’s iPhone without Apple’s Help: eDiscovery Trends 150 150 CloudNine

In court on Monday, the FBI said that it might no longer need Apple’s assistance in opening an iPhone used by a gunman in the San Bernardino, Calif., rampage last year.

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Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law
 Defendants Claim of Lightning Strike and Power Surge Doesn’t Save Them from Sanctions: eDiscovery Case Law 150 150 CloudNine

In InternMatch, Inc. v. Nxtbigthing, LLC, et. al., California District Judge Jon S. Tigar, finding that the defendants “consciously disregarded their obligations to preserve relevant evidence” when they discarded various electronic devices after experiencing an alleged power surge without checking to see if they could recover any files from them, granting an adverse inference instruction sanction and plaintiff’s attorneys’ fees.

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eDiscovery Daily Is Sixty Six! (Months Old, That Is)
 eDiscovery Daily Is Sixty Six! (Months Old, That Is) 150 150 CloudNine

Let’s get our kicks on Route 66! Sixty six months ago yesterday, eDiscovery Daily was launched. It’s hard to believe that it has been 5 1/2 years since our first three posts debuted on our first day, September 20, 2010. Twice a year, we like to take a look back at some of the important stories and topics during that time. So, here are just a few of the posts over the last six months you may have missed. Enjoy!

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Craig Ball’s “Alexa-lent” Example of How the Internet of Things is Affecting Our Lives: eDiscovery Trends
 Craig Ball’s “Alexa-lent” Example of How the Internet of Things is Affecting Our Lives: eDiscovery Trends 150 150 CloudNine

I probably shouldn’t be writing about this as it will give my wife Paige another reason to say that we should get one of these. Nonetheless, Craig Ball’s latest blog post illustrates how much data can be, and is being, captured these days in our everyday life. Now, if we could just get to that data when we need it for legal purposes.

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Court Rules Plaintiff’s Duty to Preserve Did Not Extend to Employee’s Internet History: eDiscovery Case Law
 Court Rules Plaintiff’s Duty to Preserve Did Not Extend to Employee’s Internet History: eDiscovery Case Law 150 150 CloudNine

In Marten Transport, Ltd. V. Plattform Advertising, Inc., Kansas Magistrate Judge Teresa J. James denied the defendant’s Motion for Spoliation Sanctions, ruling that, although the plaintiff had a duty to preserve relevant ESI as of Fall 2013, that duty to preserve did not extend to the internet history of one of its employees until June 2015, and by then the internet history was lost.

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Ex-Employee Sues Volkswagen Claiming He Was Fired for Refusing to Spoliate Documents: eDiscovery Trends
 Ex-Employee Sues Volkswagen Claiming He Was Fired for Refusing to Spoliate Documents: eDiscovery Trends 150 150 CloudNine

The troubles for Volkswagen continue into the electronic discovery arena. According to the Courthouse News Service, an ex-employee of the company has filed suit, claiming that he was fired for refusing to take part in an alleged three-day purge of documents related to the automaker’s emissions-cheating scandal known as “Dieselgate”.

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I Tell Ya, Review Attorneys Get No Respect, No Respect at All: eDiscovery Trends
 I Tell Ya, Review Attorneys Get No Respect, No Respect at All: eDiscovery Trends 150 150 CloudNine

As the volume of data in the world doubles as frequently as every 1.2 years, the challenges to manage that data in discovery compound significantly as well. With review being the biggest component of the discovery process – as much as 80% of the cost of eDiscovery – review attorneys have become a significant participant in that review process (even in some cases where technology assisted review may be used). That doesn’t mean that review attorneys get the respect that they may deserve.

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Plaintiff’s Failure to Demonstrate Allegations Leads to Summary Judgment for Defendant: eDiscovery Case Law
 Plaintiff’s Failure to Demonstrate Allegations Leads to Summary Judgment for Defendant: eDiscovery Case Law 150 150 CloudNine

In Malibu Media, LLC v. Doe, in a case of dueling summary judgment motions, Illinois Magistrate Judge Geraldine Soat Brown denied the plaintiff’s motion for summary judgment, but granted the defendant’s summary motion in its entirety, concluding that the plaintiff had not presented sufficient evidence to prove its allegations of illegally downloading movies.

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New Survey Shows Biggest Concerns of Legal Professionals Regarding Cloud and Shadow IT: eDiscovery Trends
 New Survey Shows Biggest Concerns of Legal Professionals Regarding Cloud and Shadow IT: eDiscovery Trends 150 150 CloudNine

A big topic during LegalTech New York (LTNY) last month were the issues and concerns associated with information governance (IG) as it applies to the use of “Shadow IT” applications, including those that are cloud-based. A new survey, actually conducted during LTNY, was released earlier this week that sheds light on those concerns of legal technology professionals.

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Details Released on the New EU-US Privacy Shield: eDiscovery Trends
 Details Released on the New EU-US Privacy Shield: eDiscovery Trends 150 150 CloudNine

As we discussed last month, the EU-US Privacy Shield, an important new framework for transatlantic data flows was announced on February 2. Within the same month, the European Commission released details on the new trans-Atlantic data transfer arrangement.

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